i am being sued as a "john doe" in a case involving 26 others in the middle district of flordia. malibu media llc is seeking 150,000 and it is unknown if this is per count of copyright infringement. i need legal advice and a lawyer to advise action take action for me. any copyright lawyer or lawyer used to dealing with malibu media llc please contact me
I am frequently dealing with these types of cases so if you would like to talk directly to a lawyer about these issues, feel free to call me. Don't include any more information on this site as I'm sure it is monitored by the plaintiff's lawyers. Do please tell me this: have you been personally named in the suit, or did you just get one of the letters from your ISP? (See links below)
These copyright trolls cases present you with two primary options:
(1) pay and settle and the troll goes back under the bridge and the issue goes away and, hopefully you learn an expensive lesson and don't do it again;
(2) you hire an attorney to move to quash, vacate or dismiss the subpoena or complaint as to you.
You should not ignore this as that will only make it worse.
This is a very common issue these days - I have dealt with numerous of these cases recently, and they are only getting more common. You should have received a packet of information from your ISP that told you a date by which you need to act, as well as a copy of the subpoena from Malibu which will have a list of the Does in the case and IP addresses assigned to them, and a copy of the Judge's order compelling your ISP to release your information. You essentially have the following options:
1) Retain counsel and ask counsel to negotiate the best deal she can for you. Expect to pay between $500 and $8,000 depending on the amount of infringement that you are alleged to have committed, in addition to your attorneys fee. In some cases, you may receive an absolutely crazy demand - if that is the case, see option 2.
2) Retain an attorney and fight the subpoena. Based on your individual facts your attorney may be able to get the subpoena that was issued to your ISP quashed or vacated. This will be a lot of work, requiring your attorney to craft an initial motion, reply to Malibu's opposition and make multiple court appearances, but, if the demand is crazy, it can be worthwhile. Expect to pay $4000 - $10,000. However, success is not guaranteed, and even if your attorney is successful, the best that she will probably manage is a dismissal without prejudice, meaning that Malibu will be free to pursue you in a separate case.
3) Do nothing. In this case, Malibu will get your information, and will threaten to name you in the suit. Given that Malibu is enforcing copyrights for hard core pornography, this is not a situation that a lot of people will want to be in. In addition, the demand they make will go way up. If you persist in doing nothing (i.e., do not pay them), Malibu will get a default judgment against you for an enormous sum of money, and go after you wages, your house, your car, etc.
I would advise you to contact an attorney in Florida who can help you with this matter - one that is not only able to "settle the case" for you, but, if the settlement is unreasonable, will be willing to go to court and fight so that you can actually get a reasonable settlement. I strongly advise staying away from the "bargain basement" attorneys who will only help settle your case, and have no experience actually litigating copyright matters.
In any event, good luck with this. Having talked to a lot of different people who have been sued in these cases, this is obviously a traumatic time for you. Retain an attorney, get it dealt with, and move on.
Over the past few years, our federal courts here in Florida have witnessed the emergence of "copyright trolls" - opportunistic entities that obtain and enforce copyrights for the purpose of making money, typically through aggressive pre-suit demands and litigation. There is evidence suggesting that such claims brought by "copyright trolls" may be frivolous in nature and that the information gathered by their investigators allegedly linking IP addresses to illegally copied material distributed through BitTorrent file sharing programs is incomplete and unreliable. The true motivation of any "copyright troll" is to make money by forcing alleged infringers into settling these claims or face the threat of public humiliation and overwhelming statutory damages. You should seek the advice of an experienced copyright defense attorney to determine whether it is in your best interest to settle or fight these claims. You should not speak with the plaintiff or its attorney. My firm has extensive experience in defending similarly situated individuals from "copyright trolls" throughout Florida, specifically with Malibu Media, LLC and its attorneys. You can call me for a free consultation at (305) 350-7440. Another good resource to find a copyright defense attorney is the Electronic Frontier Foundation's Subpoena Defense Resources page.